Description of Applications
"HitBliss Store is an application ("App") and Service that currently allows you to purchase or rent from us the right to access and view certain premium content, including feature films, television programs and/or other media (collectively, the "Store Content") or to buy digital goods and services such as subscriptions, gift cards, and electronic payment products (collectively "Store Products"). The Store Content and Store Products available at any particular moment is that listed in the HitBliss Store App. The available Store Content and Store Products will change without prior notice to you or prior consent from you.
"HitBliss Earn" or the "Earning Environment" is an App and Service where you can review and choose to consume or otherwise engage with marketing messages. In exchange for your time and attention to these marketing messages, you will earn and we will pay you the dollar cash value attributed to each of them through the Earn App (described below). Currently, you can do one of three things with your earned cash: (a) direct us to apply it to charges for purchases you made in the HitBliss Store, using the separate HitBliss Store App; (b) have it paid to you by check or other method acceptable in our sole discretion; or (c) have us donate it to a charity. We describe below how you can choose among these options.
Access to and use of the Apps and this Site
There are fees related to certain Services available through the Apps. The fees are posted on the Site or listed through the relevant App. By accepting a Service with an associated fee, you are agreeing to pay that fee.
This Site and the Apps are intended only for use by those 13 years of age or older. If you are not 13 or older, you cannot use this Site, or the Apps without the accompaniment and supervision of your parent or legal guardian.
If you allow or enable a minor to use this Site, you represent that you are the parent or legal guardian of such minor. You further acknowledge that you are aware that some features and some content available through the Apps may contain or expose users to material that is unsuitable for minors, and you agree to supervise usage by minors whom you permit to use any of our Services.
We grant you a non-exclusive, limited, and revocable license to make personal and non-commercial use of this Site. This license does not include the right to modify, reproduce, copy, or resell any of the content on this Site; to bypass any technical measures used to prevent or restrict access to any portion of this Site; to use any data mining, robots, or similar automated data gathering and extraction tools to access the Site; to violate or attempt to violate the security of the Site or to interfere with or attempt to interfere with the proposed working of the Site. You agree to use this Site only for lawful purposes and in accordance with the terms of this Agreement. You acknowledge that your use of this Site is at our sole discretion, and your license to use the Site may be terminated by us at any time.
Changes in this Agreement
THIS WEBSITEIS PROVIDED BY US ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS WEBSITE, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED ON THIS SITE, OR TO THE FUNCTIONALITY OF ANY SERVICES PROVIDED THROUGH OR ASSOCIATED WITH IT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE.
By accessing or otherwise using this Site, you acknowledge that your use of the Site is solely at your own risk. We do not warrant or guarantee that the Site, or our services or communications are free of viruses, worms or other harmful components. Further, we do not guarantee the continuous, uninterrupted and error-free operation of the Site or any services, nor that all communications will be secure from access or interference by third parties.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM OR IN ANY WAY RELATED TO YOUR USE OF OR INABILITY TO USE THIS SITE OR ANY SERVICES, INCLUDING BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY IS TO EXIT THIS WEBSITE.
Without limiting the foregoing, we will not be liable for any damage to your computer, communications equipment, or other property caused by, arising from or in any way relating to your accessing or use of this Site, or from your downloading of any materials or Apps from this Site, or for any damages arising out of a third party's unauthorized access to and use of your personal information stored on our computers and/or servers.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
You agree to indemnify, defend and hold harmless us, our subsidiaries, agents, distributors and affiliates, and their officers, directors and employees, from and against any claim, demand, damages, cost and expenses, including reasonable attorneys' fees, arising from or related in any way to your use of this Site or your breach of any provision of this Agreement.
If you do not agree to any of term of this Agreement, your sole and exclusive remedy is to discontinue using the Site.
This Site is created and maintained by us in the Commonwealth of Massachusetts. You agree that the laws of the Commonwealth of Massachusetts will govern this Agreement, without giving effect to any principles of conflicts of laws. Any action or proceeding arising from or relating in any way to this Agreement, or your use of the Site and/or any Services obtained through this Site must be brought exclusively in the state or federal courts located in Massachusetts, and you hereby consent to the personal jurisdiction of such courts and waive any objection to the exercise of their jurisdiction over you and/or the claim, including any objection based on the inconvenience of the forum. You further agree to file any cause of action with respect to this Agreement and/or any Services within one year after the cause of action arises. You agree that a cause of action filed after this date is barred.
This Agreement represents the entire understanding between you and us with respect to your use of the Site. This Agreement shall not be modified except as provided herein. If any provision of this Agreement is determined to be invalid or unenforceable for any reason whatsoever, the remainder of this Agreement shall be enforced to the maximum extent possible, and the offending provision shall be treated as though not a part of this Agreement or reformed to give it effect as close as possible to its original intent. Our failure to act with respect to a breach of this Agreement by you or others does not constitute a waiver of its rights with respect to that breach or any subsequent breach, nor shall it constitute a waiver of any other rights.
Except as otherwise stated, all copyrights and other rights in and to the Site are owned by us, or used and provided under the authorization of third parties.
Copyright Infringement Claims
We respect the intellectual property rights of third parties, and comply with the terms of the Digital Millennium Copyright Act (DMCA) regarding such rights. We reserve the right to remove access to infringing material posted to the Site and the Services. Such actions do not affect or modify any other rights we may have.
If you believe that any portion of the material contained on this Site or available through this Site infringes your copyright, notify us of your claim in accordance with the following procedure. We will take appropriate action as required by the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512©(3).
Written Notification must be submitted to this Site's Designated Agent:
Attention: Copyright Claim
1050 Waltham Street, Suite 510
Lexington, MA 02421
To be effective, the Notification must be in writing and contain the following information:
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- Identification of the copyrighted work claimed to have been infringed or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
- Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
- A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
- A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed
Upon receipt of the written Notification containing the information outlined above, we will:
- Remove or disable access to the material that is alleged to be infringing;
- Forward the written notification to such alleged infringer;
- Take reasonable steps to promptly notify the alleged infringer that it has removed or disabled access to the material.
- A Counter Notification will be effective if in writing, provided to the Designated Agent, and including substantially the following:
- A physical or electronic signature of the alleged infringer;
- Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
- A statement under penalty of perjury that the alleged infringer has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled;
- The alleged infringer's name, address, and telephone number, and a statement that the alleged infringer consents to jurisdiction of Federal District Court for the judicial district in which the address is located or, if outside of the United States, for any judicial district in which we may be found, and that the alleged infringer will accept service of process from the person who provided notification or the agent of such person
Upon receipt of a Counter Notification containing the information outlined above, we will:
- promptly provide the complaining party with a copy of the Counter Notification;
- inform the complaining party that it will replace the removed material within ten (10) to fourteen (14) business days following the receipt of the Counter Notification, provided our Designated Agent has not received notice from the complaining party that an action has been filed seeking a court order to restrain alleged infringer from engaging in infringing activity relating to the material on our network or system.
This process only relates to reporting a claim of copyright infringement. Messages related to other matters will not receive a response through this process.
Collection and Use of Personal Information
We do not consider information related to your use of this Site, such as IP address, information regarding page views, or other usage information collected through technologies including cookies, log files, and clear gifs, to be personal information unless it is linked to other information that identifies you. General demographic or aggregated data that does not identify an individual is not considered personal information.
We only use personal information to provide you with requested services, to process requests, or to send you information or material you requested or which we think you will enjoy. We may provide entities that assist us on technical and internal issues with access to certain personal information on a need-to-know basis, subject to confidentiality protections. We will not share any personal information with any third party, except as may be necessary to facilitate or process a financial transaction or comply with a legal obligation.
We reserve the right to provide any successor in interest with all materials comprising our assets, including our customer and user data bases and lists, and you expressly consent to such transfer.
We take data security seriously and strive to protect your personal information from unauthorized access. We use industry-standard measures to protect the security of your personal information and to ensure that your choices for its intended use are honored. These safeguards help protect your data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. However, we cannot guarantee the total security of the personal information we collect, or that we will be entirely immune from hacking incidents or security breaches. You should also take reasonable steps to protect your device or computer from unauthorized access by others.
Modification of Personal Information
Registrants may modify any personal information provided to us by changing the registration data through the online edit function, or if applicable changing the app user account information. You may opt-out of receiving promotional email messages from us by following the instructions included on our messages or sending a request to firstname.lastname@example.org.
Third Party Data Collection
You may also reach us at:
1050 Waltham Street, Suite 510, Lexington, MA 02421
Phone: (617) 286-2073
© 2013 HitBliss. All rights reserved.